Hyperlawhypertext legal database Texido v. Waters of Orchard Park 300 A.D.2d 1150

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Texido v. Waters of Orchard Park

300 A.D.2d 1150 Court N.Y. App. Div. Decision date 2002-12-30 English

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p. 1150
Monica L. Texido, Individually and as Administrator of the Estate of Vincent A. Weiser, Deceased, Appellant, v Waters of Orchard Park et al., Defendants, and Park Associates, Inc., et al., Respondents.
[755 NYS2d 348]

—Motion to vacate dismissal granted on condition that appeal perfected on or before January 3, 2003. Memorandum: In the absence of any indication that defendants were misled or prejudiced, the notice of appeal is deemed amended to correct the name of appellant (see Waters of White Lake v Fricke, 276 App Div 628 , 628-629). Present — Hayes, J.P., Wisner, Hurlbutt, Scudder and Lawton, JJ. (Filed Dec. 5, 2002.)